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Oklahoma board denies proposal for Jewish charter school — and lawyers up ahead of expected legal battle
(JTA) — A Jewish group is preparing to sue to overturn a ban on publicly funded religious charter schools in Oklahoma, after a state board unanimously rejected its proposal on Monday.
The Oklahoma Statewide Charter School Board’s decision blocked an application from the National Ben Gamla Jewish Charter School Foundation to open a statewide virtual Jewish school serving grades K-12 beginning next school year.
Ben Gamla’s legal team, led by Becket, a prominent nonprofit religious liberty law firm, said the rejection violates the Constitution’s Free Exercise clause and announced plans to file suit in federal court. In a statement, Becket attorney Eric Baxter criticized Oklahoma Attorney General Gentner Drummond, who has argued that publicly funded religious charter schools are unconstitutional.
“Attorney General Drummond’s attack on religious schools contradicts the Constitution,” Baxter said. “His actions have hung a no-religious-need-apply sign on the state’s charter school program. We’ll soon ask a federal court to protect Ben Gamla’s freedom to serve Sooner families, a right that every other qualified charter school enjoys.”
A victory for Ben Gamla could redraw the line separating church and state, establishing the first school of its kind nationwide and opening the possibility for taxpayer-funded religious schools across the country.
Spearheaded by former Florida Democratic Rep. Peter Deutsch, the Ben Gamla proposal called for a blend of daily Jewish religious studies alongside secular coursework. Deutsch, who nearly two decades ago established a network of nonreligious “English-Hebrew” charter schools in Florida, has said he chose Oklahoma as a testing ground for what he views as a viable model of publicly funded religious education.
In a statement, Deutsch criticized the board’s decision.
“Parents across the Sooner State deserve more high-quality options for their children’s education, not fewer,” Deutsch said in a statement. “Yet Attorney General Drummond is robbing them of more choices by cutting schools like Ben Gamla out. We’re confident this exclusionary rule won’t stand for long.”
The rejection, delivered during the board’s monthly meeting, did not come as a surprise. The board’s 2023 approval of a similar application by a Christian group to establish St. Isidore of Seville Catholic Virtual School was ultimately overturned by the Oklahoma Supreme Court on constitutional grounds.
An attempt to challenge the state court decision at the federal level failed when the U.S. Supreme Court deadlocked on the case last year due to a recusal by Amy Coney Barrett, who has ties to the Catholic group.
Several board members cited the legal outcome in explaining their votes against Ben Gamla.
“I am troubled by the fact that our hands are tied by the state Supreme Court decision, but I think we have to honor it, and it’s a very clear directive,” board member Damon Gardenhire said at the meeting.
Board member David Rutkauskas said it was “very unfortunate” that the board was “bound” by the Oklahoma Supreme Court, adding that the decision was not because Ben Gamla is “not a good candidate or qualified.”
“If I could have voted for this school today without being bound, I would have voted yes,” Rutkauskas said. “I think it would be great for the Jewish community and the Jewish kids to have this option of a high quality school.”
Ahead of the board’s vote, during public comment, Jewish Oklahoma resident Dan Epstein argued that the “public should not be funding sectarian education.”
“My religious education was entirely private,” Epstein said. “My parents didn’t ask for anybody else to pay for it. They paid for it as part of dues to our congregation, and so I’m here today to express my opposition to the application of the Ben Gamla school.”
Epstein was not the only Jewish voice in Oklahoma to object to Ben Gamla.
Last month, the Tulsa Jewish Federation and several local Jewish leaders issued a joint statement in which they criticized Ben Gamla for failing to consult local Jewish leaders ahead of their application to open the school.
“We are deeply concerned that an external Jewish organization would pursue such an initiative in Oklahoma without first engaging in meaningful consultation with the established Oklahoma Jewish community,” the leaders wrote. “Had such a consultation occurred, the applicant would have been made aware that Oklahoma is already home to many Jewish educational opportunities.”
Oklahoma is home to fewer than 9,000 Jews, many of whom live in Tulsa.
During Monday’s deliberation, board member William Pearson cited opposition to the Ben Gamla proposal from Oklahoma Jewish congregations.
“My real concern is that I don’t see a grassroots effort from the Jewish community in the state of Oklahoma,” Pearson said. “Now maybe I’m wrong, but I haven’t seen it. What I have seen is the synagogues, both from Oklahoma City and Tulsa, come out in opposition to this, and I find that very interesting, that the Jewish community, the people that are involved daily in Jewish lifestyle, that they’re opposed to this.”
Immediately after voting to turn down Ben Gamla, the board approved hiring outside legal counsel in anticipation of a lawsuit.
“I can’t predict the future, but I would say, by all indicators, I would be shocked if there’s not a lawsuit filed by Friday,” board chair Brian Shellem said.
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In Trump’s assault on democracy, echoes of Nazi Germany but new glimmers of hope that America will be different
In the final, tumultuous years of the Weimar Republic, a succession of arch-conservative chancellors ruled by emergency decree rather than go through the Reichstag, the German parliament. Germany had become a democracy in name only, as reactionary power brokers steered the nation deeper into totalitarian waters, ultimately opening the door for Hitler.
As we approach our mid-term elections, America too is at a pivot point — with the burning question being whether Donald Trump’s grip on MAGA lawmakers can be broken so that Congress, feckless like the Reichstag of the late Weimar Republic, can resume its constitutional role as a check on the executive.
It’s a matter of life or death for American democracy as it nears its 250th birthday.
As Trump’s poll numbers tank while GOP lawmakers’ support for him endures, I find myself musing about the Weimar Republic and the self-immolation of its national legislature.
In the final months before they came to power on Jan. 30, 1933, Hitler and the Nazis were actually on the ropes. After they had become the largest party in the Reichstag in July elections a year earlier, two million Germans abandoned the Nazis in an election that November. Many Germans were less enamored of the Nazi leader, fatigued by a sense that the Nazis thrived on disorder. The spell seemed to be breaking. Does this ring a bell? Economics also played a role: Germany was finally emerging from the Great Depression.
But the German republic had already been brought to a breaking point by street fighting, political chaos, the Great Depression, and a coterie of arch-conservative power brokers who schemed and maneuvered to scrap Germany’s first democracy. They included Chancellor Franz von Papen.
Papen was unable to form a majority coalition after the July 1932 election because of huge gains by the Nazis and losses by other key parties, so he continued to govern by emergency decree with the consent of President Paul von Hindenburg, relying on the broad emergency powers of Article 48 of the constitution that had already hollowed out parliamentary rule.
More internal scheming resulted in Papen’s ouster after the November 1932 election. He was replaced by General Kurt von Schleicher, a master of intrigue. But Schleicher lasted only two months, as disagreements raged over whether to give Hitler a role in the government, and what that role should be. The reactionary schemers eventually reached a consensus: Let Hitler have the chancellorship but keep him in check by loading the cabinet with archconservatives like Papen. Once Hitler became chancellor on Jan. 30, 1933, it didn’t take him long to outmaneuver all of the other schemers, who became puppets of the Nazi leader instead of the puppet masters.
Germany’s political establishment — all but the Social Democrats and the banned Communists — ceremoniously handed the keys over to Hitler on March 23, 1933, when the Reichstag passed the Enabling Act, dismantling parliamentary democracy and giving Hitler dictatorial powers.
Which brings us to the question: Whither American democracy?
Under Trump, our Congress has been reduced to a shell of its former self, an American analog of the toothless Reichstag. As Trump has launched assault after assault on the pillars of American democracy — on the judiciary, on higher education, on free speech, our election system, the rule of law, and even on unflattering but true chapters in American history — Republicans have kept quiet, fearing Trump’s wrath and retribution.
But now there are glimmers of hope. Trump’s broken promises, self-aggrandizement, megalomania, corruption, utter indifference to everyday Americans’ economic suffering, and relentless catering to the country’s wealthiest are finally catching up with him. New polls put his approval rating at a dismal 37%. In a New York Times/Siena poll, just 28% of voters approved of how Trump is handling the cost of living, while only 31% approved of his war with Iran. Even Fox News had him at 39% approval. That same poll showed GOP support for Trump weakening considerably on his handling of the economy.
Economic pain is driving the collapse. The soaring costs of the war in Iran, Trump’s vanity projects, and his proposed $1.8 billion slush fund for the Jan. 6 insurrectionists, coupled with his push for lifetime immunity for himself and his family to commit tax fraud, have incensed voters who are already struggling to afford groceries, gas, housing and health care.
As Americans make impossible choices, the 47th president touts the glitzy White House ballroom he wants to build and his plans for an arch that would dwarf the Arc de Triomphe, all while prosecuting a war that has closed the Strait of Hormuz and driven up prices worldwide. The widening gap between Trump’s self-indulgence and the country’s hardship is finally producing something late Weimar never managed: a meaningful break in the habit of submission to an aspiring strongman.
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This Jewish artist hadn’t painted in more than 5 decades. Then came Oct. 7.
Sid Klein has finally found his subject. More than half a century after he scrambled to pick a topic for his senior art project at Brooklyn College—and settled on exploring the porcelain curves of a toilet bowl in a 20-painting series—he’s discovered a purpose.
Klein, 78, took a five-decade hiatus from art between college graduation and retirement. He picked his brushes back up just a few months before the events of Oct. 7.
Upon hearing of the Hamas attacks, Klein processed the news with acrylics. Soon, he began looking back to the Holocaust. He felt compelled to render contemporary and historical victims of hatred on paper and ultimately take on the mantle of combatting antisemitism, not with words or weapons but with images.
“For the first time in my life, I’m so motivated in my art,” Klein told me over Zoom from his home in South Florida. “All of a sudden I went from, ‘I don’t know what I want to paint,’ to, ‘I’ve got to make a record of this so people can look at these paintings and see what does antisemitism naturally lead to.’”
Born and raised in Brooklyn, Klein noticed at a young age that he could depict objects in three dimensions. “I started drawing with Crayola crayons with paper that my mom would pick up [at] the local five and dime,” he said.
But his mother died when he was seven, leaving his father to raise three children on his own. Though they weren’t particularly religious, Klein said, he attended yeshiva. The extra-long school day helped his working single father make sure he was safe. Klein continued dabbling in art through elementary and high school.
The Holocaust was not part of his education, as far as he remembers, not at the yeshiva and not later in college, where he flitted from pre-law to economics to philosophy before settling on fine art. “I’d never been exposed to it,” he said. “I’d never seen the photographs. I consciously avoided the photographs.”
“I was living in this bubble so I could pretend that antisemitism did not exist,” he said.
He remained in that bubble through business school and a long career in marketing. During that time, “painting didn’t even cross my mind,” Klein said. “For 55 years, I focused on the business and totally ignored the art.”
It wasn’t until his career drew to a close that he thought he might try again. “I wanted to give it a try and see what was left,” he said. But he wanted to keep painting only if he had a worthy subject, which he found in the wake of the Hamas attacks.
“That murder affected me in a profound way,” said Klein, who has two sons and five grandchildren living in Israel. “I started painting in my mind what these 1,200 people would have looked like. And that was my return to art.”
The segue from the horrors of Oct. 7 to those of the Holocaust felt natural to Klein. “For me, all of those are one of the same. They’re all Jew hatred at different times in history,” he said. “The amount of evil in our world is just—I don’t know how to measure it.” There are endless tragedies, he said, “but I’m focusing on our people.”
Klein paints in a corner of the family room he’s designated as his studio. He regularly pores over hundreds of black-and-white photos taken in ghettos and camps, looking for his next subjects to call out to him.
In one photograph, he recalled, he saw lines upon lines of women and children, standing near cattle cars, waiting, exhausted. He distilled the scene to one row of imminent victims in “Innocents.” They’re “going to be taken to a gas chamber and they’re going to be dead in 20 minutes or a half hour, and they don’t know that,” he said. On the right, a boy tugs at his mother’s coat. The woman on the far left balances the small child in her arms alongside her pregnant belly. In the middle, another grasps a toddler’s hand. Their eyes implore the viewer to grapple with their fate.
Several of Klein’s Holocaust works were displayed earlier this year at the Gross-Rosen Museum in Rogoźnica in Poland, on the grounds of the concentration camp system of the same name, where an estimated 120,000 people were imprisoned and 40,000 died.
“As employees of a Memorial Site, we have constant access to disturbing historical photos and documents; these are undeniably important, but viewing the victims through the eyes of an artist is an entirely different, more intimate experience,” Bartosz Surman, who works for the museum’s education department, told me. Surman estimated that approximately 4,000 people saw Klein’s work there between January 27 and March 31. “For a Memorial Site located in a village of fewer than a thousand people, we consider it a significant success and a testament to the power of Mr. Klein’s work,” he said.
Four thousand miles away, “My Zaidy” hangs on the wall at the Dr. Bernard Heller Museum in downtown Manhattan as part of the exhibition “Proverbs, Adages, and Maxims.”
The man in the painting wears a star under his heart. The bright yellow patch and pearlescent and gold shimmer of his face contrast with the matte blue of his coat and hat. But turning the corner of the exhibition, it’s the eyes that catch you. “I left them blank, so you can put in his eyes, any eyes you want,” Klein said—his zaidy’s or yours or a stranger’s.
The eyes may be missing but the gaze is powerful, as though this old man, as he approaches his cruel end, is staring and saying, “Look at me. Do you see what’s happening? Why are you just standing there?”
“A lot of bubbes and zaides were exterminated,” Klein said, including his paternal grandfather. But the zaidy in the painting isn’t Klein’s, exactly, he said. He can’t recall ever seeing a photo of him. Instead, he painted another elderly man in a photo that struck him: This is what a zaidy selected for the gas chamber looks like. This is what Klein’s zaidy could have looked like.
“I decided I was going to do a painting, and fill that hole in my heart,” Klein said.
“There’s something very haunting about the hollowed, empty eyes,” museum director Jeanie Rosensaft told me over the phone. “We were very touched, because although [Klein] has not had a long resume of art production, we felt that the image that he provided was very compelling.”.
Klein is one of 58 artists in the exhibition, and his work will be included in a tour the museum is organizing following its New York run, which ends June 24. “We hope that he continues on this path,” Rosensaft said. “It’s really essential that art bear witness to the past and provide a bridge to the future.”
Seeing the pain
Klein’s next painting, he told me, was inspired by a photo of two small children, empty bowls in hand, begging for food.
“If I had more working space, I would make my paintings bigger,” said Klein, who says he hopes to one day create life-size portraits. “Right now you’ve got to get pretty close to see what the hell is going on,” he said. “I want size to be part of your experience seeing the pain.”
Spending his days sifting through Holocaust photos and painting its victims takes a toll. “When I paint, I become emotionally involved. But when it’s done, I listen to my music for a couple of hours, and that gives me the emotional strength to continue,” says Klein, who puts on Vivaldi, Mozart, or Brahms, for example. “After I do a painting, I need this music to settle my nerves.”
“Sometimes I say, ‘Klein, try something else!’” he said. But he can’t imagine abandoning his subject or newfound mission for any others. Which means he’ll need more of that music in the years to come, as might those viewing his paintings.
“A lot of my work is grotesque,” Klein said, and that’s intentional. “I want to shake you up.”
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How can I explain to my 93-year-old mother why it suddenly seems ok to hate Jews?
My mom — 93 years old, still sharp, a lifelong Democrat, a woman who has read The New York Times nearly every day for the last five decades — called me this week, in something approaching shock, to tell me she had read Nicholas Kristof’s latest op-ed.
“I can’t believe what they’re saying,” she said of the piece, whose claims — particularly one, questionably sourced, involving the alleged rape of a prisoner by a dog — drew accusations of serious journalistic malpractice. To me, this felt like more than flawed reporting. It bore the unmistakable contours of a modern blood libel.
“How can they print this?” my mom asked. “What’s happening in the world?”
Sometimes we encounter an unexpected threshold, and suddenly the familiar world appears altered. The Kristof column was such a threshold for my mother. Her parents were immigrants; her mother left a Romanian shtetl as a child, crossing the Atlantic with her younger brother when they were 12 and 9 years old. They came because Jews were fleeing rapes and murder. If you are an American Jew of Eastern European descent, there is a decent chance your family history contains some version of this story — that of people fleeing pogroms.
You may remember the most recent example of such an attack. It happened on Oct. 7, 2023 — the first pogrom carried out in the age of smartphones.
To say that things have felt strange and frightening for many Jews worldwide since that horror is like saying clouds produce rain or honey is sweet. Strangest of all is the speed with which, in many quarters, people sought to not just explain the atrocity, but actually justify it.
What has tormented me almost as much as the violence itself is the astonishing pace at which animus toward Jews, or toward “Zionists,” has become normalized in spaces where one might once have expected understanding. And yes, I know, people are weary of hearing Jews explain why hostility directed at the overwhelming majority of Jews who believe in Jewish self-determination often bleeds into hostility toward Jews themselves. I know all the caveats. I know all the disclaimers. I have read them too. Still, it increasingly appears that anti-Zionism in many quarters has become not merely tolerated, but a litmus test.
The range of what can be said aloud has changed. So have the categories of people toward whom contempt may be openly directed. Prejudice against Jews that can once again — as in an era many thought was gone forever — pass as a kind of moral sophistication.
Each week there is a new reason to think about all this. A Democratic congressional candidate in Texas named Maureen Galindo has crossed yet another Rubicon of human foible and weakness. Galindo reportedly proposed transforming a detention center into a prison for “American Zionists” and described it as a place where many Zionists would undergo “castration processing.”
I cannot say categorically that Galindo represents a new political era. She may not. Fringe figures have always existed. But that a candidate seeking office within one of America’s two major political parties — a candidate who advanced to a Democratic runoff after finishing first in a crowded primary field, with roughly 29% of the vote — used this grotesque language is notable.
Maybe she’ll lose badly. Maybe she’ll vanish from the political stage. That wouldn’t change the fact that her statements did not produce immediate and universal condemnation.
Every era contains extremists. But sometimes institutions cease to treat extremism as radioactive, and begin treating it first as eccentricity, then as another perspective deserving “consideration,” then activism, then orthodoxy.
Is that happening here? I’m wondering. So is my mother.
I have spent much of my life among artists, intellectuals, musicians, progressives — a cohort that once seemed animated by an instinctive suspicion toward ethnic hatred in all forms. Increasingly, Jews appear exempt from that instinct. “Galindo is just another crazy person,” I’ve heard people say. I see. Just another crazy person competing seriously in a Democratic primary after proposing internment camps for “American Zionists.”
This is not about Galindo alone. It is also about institutions. About The New York Times, whose reporting and opinion pages remain, for millions, a moral compass. My mother did not call me outraged after reading Kristof. She called bewildered. She called sad. This was the newspaper she’d followed through wars, assassinations, civil rights struggles, and presidents of every variety. Her confusion and grief now pains me more than I can say. When exactly, she seemed to be asking me, did this happen? When did support for Israel become, in some circles, evidence of moral defect? When did “Zionist” become a slur, not a description of a legitimate ideology?
When did suspicion toward Jews become newly accessible, provided it arrived draped in the language of liberation?
All of this feels both cosmic and deeply personal. I have yet to meet a Jew who does not feel some shift beneath their feet.
And to them I say: do not cower. Do not hide your Jewishness. Do not keep your love for Israel or for Jews a secret. Go and do something singularly Jewish. Reorient yourself toward whatever you understand God to be. And if God feels impossible, then orient yourself toward the continuity of the Jewish people.
May we go from strength to strength. Mom, if you are reading this, that goes especially for you.
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